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(영문) 제주지방법원 2020.03.12 2019고단2146

업무상과실치사

Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of Han forest and inshore fishing vessel B (51 ton) and is a person responsible for the safety of seafarers, such as the prevention of danger and accident.

around May 5, 2019, the defendant reduced the above-mentioned B's abnormal phenomenon during navigation, and the same month.

6. At around 09:00, at sea, the 223 nautical miles (29.42 degrees North latitude and 125.00 degrees East longitude) from the southwestwestwest-west of Jeju-do, the Do governor instructed the Victim C (Nam, 48 years old) to perform diving operations to confirm the propelling season.

The Defendant had a duty of care to prevent accidents by taking measures, such as providing safety education prior to diving work, wearing diving clothes to maintain physical temperature and force, separately connecting monitors to check the safety of workers and contact lines for liaison between diving workers and diving workers under water, and allowing two even divings under Article 1 for prompt measures.

Nevertheless, the Defendant neglected to conduct safety education and failed to wear a daily uniform, not a diving, and did not connect a supervisor to a contact line. The victim's body combines the lead level and the reduction to the body, and obtained only the air absorption machine connected to the compact circuit with the daily uniforms, and went missing during diving work, and caused de facto death.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to D, E, F, G, H, I, and J;

1. A copy of a CCTV-cap photograph, a missing part C, a photo of air resistant resistant, a rubber photo, a compacter photograph, a compacter photograph, two copies of a photo in the state of the missing, two copies of a commendation (A), two copies of a commendation (A), one copy of a document I in the state of the missing, and a report on the situation.